WARRANT OF SEIZURE

... / Summons to occupier / Owner and author may appear / Order of forfeiture / Disposal of matter/ Appeal / Consent / Definitions / "court" / "genocide" / "hate propaganda" / "judge".

320. (1) A judge who is satisfied by information on oath that there are reasonable grounds for believing that any publication, copies of which are kept for sale or distribution in premises, within the jurisdiction of the court, is hate propaganda, shall issue a warrant under his hand authorizing seizure of the copies.

(2) Within seven days of the issue of the warrant under subsection (1), the judge shall issue a summons to the occupier of the premises requiring him to appear before the court and show cause why the matter seied should not be forfeited to Her Majesty.

(3) The owner and the author of the matter seized under subsection (1) and alleged to be hate propaganda may appear and be represented in the proceedings in order to oppose the making of an order for the forfeiture of the matter.

(4) If the court is satisfied that the publication referred to in subsection (1) is hate propaganda, it shall make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.

(5) If the court is not satisfied that the publication referred to in subsection (1) is hate propaganda, it shall order that the matter be restored to the person from whom it was seized forthwith after the time for final appeal has expired.

(6) An appeal lies from an order made made under subsection (4) or (5) by any person who appeared int he proceedings

(a) on any ground of appeal that involves a question of law alone,
(b) on any ground of appeal that involves a question of fact alone, or
(c) on any ground of appeal that involves a question of mixed law and fact,
as if it were an appeal against conviction or against a judgement or verdict of acquittal, as the case may be, on a question of law alone under Part XXI , and sections 673 to 696 apply with such modifications as the circumstances require.

(7) No proceeding under this section shall be instituted without the consent of the Attorney General.

(8) In this section,

"court" means
(a) in the Province of Quebec, the Court of Quebec,
(a.1) in the Province of Ontario, the Ontario Court (General Division),
(b) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen's Bench,
(c) in the Provinces of Prince Edward Island and Newfoundland, the Supreme Court, Trial Division, and
(c.1) [Repealed. 1992, c.51, s.36.]
(d) in the Provinces of Nova Scotia and British Columbia, the Yukon Territory and the Northwest Territories, the Supreme Court;

NOTE: Definition "court" amended 1993, c.28, s.78 (to come into force April 1, 1999) by re-enacting para. (d). the text of para. (d), which is not yet in force and therefor printed in italics, reads as follows:

(d) in the Provinces of Nova Scotia and British Columbia, the Yukon Territory, the Northwest Territories, and Ununavut, the Supreme Court;
"genocide"
has the same meaning as in section 318 ;
"hate propaganda"
means any writing, sign or visible representation that advocates or promotes genocide or the communication of which by any person would constitute an offence under section 319 ;
"judge"
means a judge of a court. [r.S., c.11 (1st Supp.), s.1; 1974-75, c.48, s.25; 1978-79, c.11, s.10; R.S.C. 1985, c.27 (2nd Supp.), s.10; c.40 (4th Supp.), s.2; 1990, c.16, s.4; 1990, c.17, s.11; 1992, c.1, s.58.]


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